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How a child custody order impacts a “move-away” attempt

On Behalf of | Feb 26, 2021 | Child Custody And Visitation

Child custody in California can be an emotional and complicated part of a family law case. While many parents will be relieved when there is an agreement in place, it does not necessarily mean there will be an end to the potential challenges of co-parenting after a relationship has ended. A “move-away” situation can be a difficult situation to deal with. Before reacting emotionally, it is wise to have a basic grasp of the law and what the options are, regardless of the perspective.

Sole physical custody, joint physical custody and a desire to move away

People who are confronted with this complex circumstance might immediately think about how it impacts them and respond emotionally. Before the case moves forward, there are basics that should be understood. The type of custody agreement will be critical to the attempt to move away. When the determination is made as to how custody is arranged, there can be sole physical custody and joint physical custody. This affects the steps necessary to move away or prevent it.

When a parent has been granted sole physical custody, he or she can move away with a child without the approval of the other parent unless the other parent shows there would be harm done to the child if the move is completed. With joint physical custody and an attempt to move away, the parents must both agree to the move. If there is no agreement, the parent who wants to move must prove that the child’s best interests would be served by allowing the move. Other factors could be considered by the court in the case such as the parenting plan.

Professional advice can be helpful in a move-away case

Simply because a parent wants to move away with a child and the other parent objects does not automatically mean there will be an extended dispute. Every child custody and family law case is different and it might be possible to reach a reasonable accommodation between the parties. The distance of the move, the reasons for it and how parenting time would be addressed after the move are all factors that play into the decision. Some cases are free of contentious dispute while others are harder. Whether it is a parent who is trying to move or one who is objecting to it, it is important to have legal assistance to deal with the case. Calling for advice can provide information and guidance from the start.